An unexpected hearing in the courthouse and Sheila's voice is heard for the first time.

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In this episode, we explore other theories about who the killer clown might have been. And we'll hear from the Defense as they are entering a Motion to Dismiss.

That motion hangs largely on what the Defense calls deceptions and delays, attempted "tactical advantages" from the state.

Like how the state didn’t turn over evidence it had for years- that was located in, of all places, a box at the State Attorney’s Office. The box contained a folder called "Clown Sightings."

Lawyers wrote in the motion to the court that evidence "mysteriously appeared five years after Ms. Keen-Warren's arrest and nine days before her [first scheduled] trial."

The motion claims Keen-Warren needs the information from the file for a fair trial under the 1963 Brady v. Maryland case in which the Supreme Court ruled the prosecution must give the defense all evidence that might exonerate the defendant.

The defense says the “file contains clown sightings and citizen leads from the day of Marlene Warren's murder...the State maintained it did not have the file for more than three years, and lead detective Paige McCann refused to look."

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The motion goes further, “the State did not dispute the requested information constituted Brady material but instead claimed without evidence it did not have the information and materials that the Defendant requested, even though the defense provided the court with transcripts from Detective McCann's depositions where she conceded that she did nothing to locate this file." (The word "nothing" was underlined in the motion.)

“The State’s job is to ensure justice, not to secure a conviction. We’re interested in seeing what other evidence is out there, and we’re going to continue to fight for Ms. Keen-Warren’s freedom,” Attorney Greg Rosenfeld said.

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Two clerks from the costume shop where prosecutors believe Sheila Keen-Warren bought a jumpsuit, wig, and makeup, testify about their interactions with an odd-ball customer.

This hearing is part of a marathon of arguments from the defense and prosecution to suppress evidence.

The jury may not get to hear from the two sales-women, that's up the judge to decide before this trial starts in May.

The defense says the clown get-up they sold was not what the killer was wearing, but on the question of who bought it, both the clerks picked Sheila Keen Warren out of a photo line-up and pointed to her in court.

Dinah Rosales and Debra Lee Offord worked at The Spotlight Capezio. They told investigators, late one evening, May of 1990, a woman showed up after closing, they opened the door for her and let her in, she said she needed a clown outfit.

They helped her pick one out.

The mystery woman was described by both clerks as being , "not very feminine”, and that's potentially important because Keen-Warren is sometimes described by her familiars as being kind of a Tom-Boy.

The customer was wearing a denim shirt, jeans and work boots, and she purchased a handful of items, then paid in cash and left, spending approximately 15 minutes in the shop.

Rosales testified that the customer asked specifically if the face paint she was picking would cover up her whole face or should she buy two containers of it?

The clown's wig is also an important detail and much this episode explores it.

Keen Warren's Defense Team points to the eyewitnesses to the actual shooting (Marlene's son and three of his friends)

They described a bald head with Bozo the Clown handle bars for hair

Also. They said under the clown clothes, they thought the killer was a man.

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